TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Chapter 115
Final Regulation
REGISTRAR'S NOTICE: The State Water Control Board is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 8 of the Code of Virginia, which exempts general permits issued by the State Water Control Board pursuant to the State Water Control Law (§ 62.1-44.2 et seq.), Chapter 24 (§ 62.1-242 et seq.) of Title 62.1, and Chapter 25 (§ 62.1-254 et seq.) of Title 62.1 of the Code of Virginia if the board (i) provides a Notice of Intended Regulatory Action in conformance with the provisions of § 2.2-4007.01 of the Code of Virginia; (ii) following the passage of 30 days from the publication of the Notice of Intended Regulatory Action forms a technical advisory committee composed of relevant stakeholders, including potentially affected citizens groups, to assist in the development of the general permit; (iii) provides notice and receives oral and written comment as provided in § 2.2-4007.03 of the Code of Virginia; and (iv) conducts at least one public hearing on the proposed general permit.
Title of Regulation: 9VAC25-115. General Virginia Pollutant Discharge Elimination System (VPDES) Permit for Seafood Processing Facilities (amending 9VAC25-115-10 through 9VAC25-115-50; adding 9VAC25-115-15).
Statutory Authority: § 62.1-44.15 of the Code of Virginia; § 402 of the Clean Water Act; 40 CFR Parts 122, 123, and 124.
Effective Date: July 24, 2016.
Agency Contact: Elleanore Daub, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4111, FAX (804) 698-4032, TTY (804) 698-4021, or email elleanore.daub@deq.virginia.gov.
Summary:
The regulatory action amends and reissues the existing Virginia Pollutant Discharge Elimination System (VPDES) general permit, which expires on July 23, 2016, for another five-year term. The general permit contains limitations and monitoring requirements for point source discharges from seafood processing facilities. As with an individual VPDES permit, the effluent limits in the general permit are set to protect the quality of the waters receiving the discharges. The general permit is reissued to continue making it available after July 23, 2016.
The amendments update and clarify definitions, effective dates, authorization and registration statement requirements, stormwater pollution prevention plans, and certain conditions applicable to all permits, general permit limits, and general permit special conditions.
Summary of Public Comments and Agency's Response: No public comments were received by the promulgating agency.
9VAC25-115-10. Definitions.
The words and terms used in this chapter shall have the meanings defined in the State Water Control Law, Chapter 3.1 (§ 62.1-44.2 et seq.) of Title 62.1 of the Code of Virginia and the Virginia Pollutant Discharge Elimination System (VPDES) Permit Regulation (9VAC25-31) unless the context clearly indicates otherwise. Additionally, for the purposes of this chapter:
"Industrial activity" means the facilities classified under SIC Code 2091 or 2092.
"Seafood processing facility" means any facility classified under SIC Code 2091, 2092, 5142, or 5146, which processes or handles seafood intended for human consumption or as bait, except a mechanized clam facility. Seafood includes but is not limited to crabs, oysters, hand-shucked clams, scallops, squid, eels, turtles, fish, conchs and crayfish.
"SIC" means the Standard Industrial Classification Code or Industrial Grouping from the U.S. Office of Management and Budget Standard Industrial Classification Manual, 1987 edition.
"Significant materials" includes, but is not limited to, raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production (except oyster, clam or scallop shells); hazardous substances designated under § 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (42 USC § 9601); any chemical the facility is required to report pursuant to § 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) (42 USC § 11023); fertilizers; pesticides; and waste products such as ashes, slag, and sludge that have the potential to be released with storm water stormwater discharges.
"Storm water" means storm water runoff, snow melt runoff, and surface runoff and drainage.
"Storm water Stormwater discharge associated with industrial activity" means the discharge from any conveyance that is used for collecting and conveying storm water stormwater and that is directly related to manufacturing, processing, or raw materials storage areas at an industrial plant. The term does not include discharges from facilities or activities excluded from the VPDES program under 9VAC25-31-10 et seq. For the categories of industries identified in the "industrial activity" definition, the term includes, but is not limited to, storm water stormwater discharges from industrial plant yards; immediate access roads and rail lines used or traveled by carriers of raw materials, manufactured products, waste material, or byproducts (except for oyster, clam or scallop shells) used or created by the facility; material handling sites; refuse sites; sites used for the application or disposal of process wastewaters; sites used for the storage and maintenance of material handling equipment; sites used for residual treatment, storage, or disposal; shipping and receiving areas; manufacturing buildings; storage area (including tank farms) for raw materials, and intermediate and finished products; and areas where industrial activity has taken place in the past and significant materials remain and are exposed to storm water stormwater. For the purposes of this paragraph, material handling activities include the storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, finished product, byproduct, or waste product (except for oyster, clam or scallop shells). The term excludes areas located on plant lands separate from the plant's industrial activities, such as office buildings and accompanying parking lots, as long as the drainage from the excluded areas is not mixed with storm water stormwater drained from the above described areas.
"Total maximum daily load" or "TMDL" means a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL includes wasteload allocations (WLAs) for point source discharges, and load allocations (LAs) for nonpoint sources or natural background, or both, and must include a margin of safety (MOS) and account for seasonal variations.
9VAC25-115-15. Applicability of incorporated references based on the dates that they became effective.
Except as noted, when a regulation of the U.S. Environmental Protection Agency set forth in Title 40 of the Code of Federal Regulations is referenced or adopted in this chapter and incorporated by reference, that regulation shall be as it exists and has been published as of July 1, [ 2014 2015 ].
9VAC25-115-20. Purpose; delegation of authority; effective date of permit.
A. This general permit regulation governs the discharge of wastewater from seafood processing facilities and storm water stormwater associated with industrial activity from seafood processing facilities classified as SIC Code 2091 and 2092.
B. The director, or an authorized representative, may perform any act of the board provided under this regulation, except as limited by § 62.1-44.14 of the Code of Virginia.
C. This general permit will become effective on July 24, 2011 July 24, 2016, and will expire on July 23, 2016 July 23, 2021. For any covered owner, this general permit is effective upon compliance with all the provisions of 9VAC25-115-30.
9VAC25-115-30. Authorization to discharge.
A. Any owner governed by this general permit is hereby authorized to discharge process wastewater and stormwater as described in 9VAC25-115-20 A to surface waters of the Commonwealth of Virginia provided that the owner files a registration statement in accordance with 9VAC25-115-40 that is accepted by the board, submits the required permit fee, complies with the effluent limitations and other requirements of 9VAC25-115-50, and provided that the owner has not been notified by the board that authorization is denied in accordance with subsection B of this section.:
1. The owner files a registration statement, in accordance with 9VAC25-115-40, and that registration statement is accepted by the board;
2. The owner submits the required permit fee;
3. The owner complies with the applicable effluent limitations and other requirements of 9VAC25-115-50; and
4. The owner has not been notified by the board that the discharge is not eligible for coverage under this permit in accordance with subsection B of this section.
B. The board will notify an owner of denial of authorization that the discharge is not eligible for coverage under this permit in the event of any of the following:
1. The owner is required to obtain an individual permit in accordance with 9VAC25-31-170 B 3 of the VPDES Permit Regulation;
2. The owner is proposing to discharge to state waters specifically named in other board regulations that prohibit such discharges;
3. The owner is proposing to discharge annual mass loadings of total nitrogen in excess of 2,300 pounds per year or of total phosphorus in excess of 300 pounds per year;
4. The discharge would violate the antidegradation policy stated in 9VAC25-260-30 of the Virginia Water Quality Standards; or
5. A TMDL (board adopted and EPA approved or EPA imposed) contains a WLA for the facility, unless this general permit specifically addresses the TMDL pollutant of concern and the permit limits are at least as stringent as those required by the TMDL WLA The discharge is not consistent with the assumptions and requirements of an approved TMDL.
C. Compliance with this general permit constitutes compliance, for purposes of enforcement, with the federal Clean Water Act, §§ 301, 302, 306, 307, 318, 403, and 405 (a) through (b) and the State Water Control Law, and applicable regulations under either, with the exceptions stated in 9VAC25-31-60 of the VPDES Permit Regulation. Approval for coverage under this general permit does not relieve any owner of the responsibility to comply with any other applicable federal, state or local statute, ordinance or regulation.
D. Continuation of permit coverage.
1. Any owner that was authorized to discharge under the seafood processing facilities general permit issued in 2006 2011, and who submits a complete registration statement on or before July 23, 2011 July 23, 2016, is authorized to continue to discharge under the terms of the 2006 2011 general permit until such time as the board either:
a. Issues coverage to the owner under this general permit; or
b. Notifies the owner that the discharge is not eligible for coverage under this general permit is denied.
2. When the owner that was covered under the expiring or expired general permit has violated or is violating the conditions of that permit, the board may choose to do any or all of the following:
a. Initiate enforcement action based upon the 2011 general permit that has been continued;
b. Issue a notice of intent to deny coverage under the amended reissued general permit. If the general permit coverage is denied, the owner would then be required to cease the activities discharges authorized by coverage under the 2011 continued general permit or be subject to enforcement action for operating discharging without a permit;
c. Issue an individual permit with appropriate conditions; or
d. Take other actions authorized by the VPDES permit Permit Regulation (9VAC25-31).
9VAC25-115-40. Registration statement.
A. Deadlines for submitting registration statement. The Any owner seeking coverage under this general permit shall submit a complete general VPDES permit registration statement in accordance with this chapter, which shall serve as a notice of intent for coverage under the general VPDES permit for seafood processors processing facilities.
1. New facilities. Any owner proposing a new discharge shall submit a complete registration statement to the board at least 30 days prior to the date planned for commencing operation commencement of the treatment works discharge.
2. Existing facilities.
a. Any owner of an existing seafood processing facility covered by an individual VPDES permit who that is proposing to be covered by this general permit shall submit a complete registration statement at least 210 240 days prior to the expiration date of the individual VPDES permit.
b. Any owner that was authorized to discharge under the general VPDES permit for seafood processing facilities that became effective on July 24, 2006 July 24, 2011, and who that intends to continue coverage under this general permit shall submit a complete registration statement to the board prior to June 24, 2011 on or before June 24, 2016.
c. Any owner of an existing seafood processing facility adding a new process after coverage under the general permit is obtained shall submit an amended registration statement to the board at least 30 days prior to commencing operation of the new process.
3. Late registration statements. Registration statements for existing facilities covered under subdivision 2 b of this subsection will be accepted after July 23, 2016 but authorization to discharge will not be retroactive. Owners described in subdivision 2 b of this subsection that submit registration statements after June 24, 2016, are authorized to discharge under the provisions of 9VAC25-115-30 D if a complete registration statement is submitted before July 24, 2016.
B. The registration statement shall contain the following information:
1. Facility name, owner name, mailing address, email address (where available), and telephone number;
2. Facility street address (if different from mailing address);
3. Facility operator name, mailing address, email address, and telephone number if different than owner;
4. Does the facility discharge to surface waters? Name of receiving stream or streams if yes and, if no, describe the discharge or discharges;
5. Does the facility have a current VPDES Permit? Permit Number Include the permit number if yes;
6. The original date of construction of the seafood processing facility building and dates and description of all subsequent facility construction;
7. A USGS U.S. Geological Survey (USGS) 7.5 minute topographic map or other equivalent computer generated map showing with sufficient resolution to clearly show the facility location, the discharge location or locations, and the receiving water body;
8. Facility SIC Code(s) code or codes;
9. Nature of business at the facility;
10. Discharge outfall information including seafood process, receiving stream, discharge flow, and days per year of discharge for each outfall;
11. Facility maximum production information;
12. Facility line (water balance) drawing;
13. Discharge and outfall descriptions for different seafood processes that operate simultaneously;
14. Treatment and solid waste disposal information;
15. Information on use of chemicals at the facility; and
16. The following certification: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment for knowing violations."
The registration statement shall be signed in accordance with 9VAC25-31-110 of the VPDES Permit Regulation.
C. The registration statement may be delivered to the department by either postal or electronic mail and shall be submitted to the DEQ regional office serving the area where the seafood processing facility is located.
9VAC25-115-50. General permit.
Any owner whose registration statement is accepted by the director will receive the following permit and board shall comply with the requirements therein of the general permit and be subject to all requirements of the VPDES Permit Regulation, 9VAC25-31 9VAC25-31-170 of the VPDES Permit Regulation.
General Permit No.: VAG52
Effective Date: July 24, 2011 July 24, 2016
Expiration Date: July 23, 2016 July 23, 2021
GENERAL PERMIT FOR SEAFOOD PROCESSING FACILITY FACILITIES
AUTHORIZATION TO DISCHARGE UNDER THE VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM AND THE VIRGINIA STATE WATER CONTROL LAW
In compliance with the provisions of the Clean Water Act, as amended, and pursuant to the State Water Control Law and regulations adopted pursuant to it, owners of seafood processing facilities, other than mechanized clam processing facilities, are authorized to discharge to surface waters within the boundaries of the Commonwealth of Virginia, except those specifically named in board regulations that prohibit such discharges.
The authorized discharge shall be in accordance with this cover page, Part I-Effluent Limitations and Monitoring Requirements, Part II-Storm Water Part II-Stormwater Pollution Prevention Plans, and Part III-Conditions Applicable to All VPDES Permits, as set forth herein in this general permit.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—SEAFOOD REQUIREMENTS
1. SEAFOOD PROCESSING NOT LIMITED ELSEWHERE IN PART I. A.— SIC 2091, 2092, 5142 AND 5146 SOURCES EXCEPT MECHANIZED CLAM FACILITIES
1. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from seafood processing not otherwise classified from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/YEAR | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/YEAR | Grab |
| TSS | NL | NL | NA | NA | NA | 1/YEAR | Composite |
| Oil and Grease | NL | NL | NA | NA | NA | 1/YEAR | Grab |
| Production | NA | NL | NA | NA | NA | 1/YEAR | Measurement |
NL = No Limitation limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by the end of the calendar year and reported by the 10th of January of the following calendar year on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—CONVENTIONAL REQUIREMENTS
2. CONVENTIONAL (HANDPICKED) BLUE CRAB PROCESSING—EXISTING SOURCES PROCESSING MORE THAN 3,000 LBS POUNDS OF RAW MATERIAL PER DAY ON ANY DAY
2. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from conventional blue crab processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| TSS | NL | NL | 0.74 | 2.2 | NA | 1/3 Months | Composite |
| Oil and Grease | NL | NL | 0.20 | 0.60 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measurement |
NL = No Limitation limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—CONVENTIONAL REQUIREMENTS
3. CONVENTIONAL (HANDPICKED) BLUE CRAB PROCESSING—ALL NEW SOURCES
3. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from conventional blue crab processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| BOD5 | NL | NL | 0.15 | 0.30 | NA | 1/3 Months | Composite |
| TSS | NL | NL | 0.45 | 0.90 | NA | 1/3 Months | Composite |
| Oil and Grease | NL | NL | 0.065 | 0.13 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measurement |
NL = No Limitation limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—MECHANIZED REQUIREMENTS
4. MECHANIZED BLUE CRAB PROCESSING—ALL EXISTING SOURCES
4. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from mechanized blue crab processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| TSS | NL | NL | 12 | 36 | NA | 1/3 Months | Composite |
| Oil and Grease | NL | NL | 4.2 | 13 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measurement |
NL = No Limitation limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—MECHANIZED REQUIREMENTS
5. MECHANIZED BLUE CRAB PROCESSING—ALL NEW SOURCES
5. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from mechanized blue crab processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| BOD5 | NL | NL | 2.5 | 5.0 | NA | 1/3 Months | Composite |
| TSS | NL | NL | 6.3 | 13 | NA | 1/3 Months | Composite |
| Oil and Grease | NL | NL | 1.3 | 2.6 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measurement |
NL = No Limitation limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—NONBREADED REQUIREMENTS
6. NON-BREADED SHRIMP PROCESSING—EXISTING SOURCES PROCESSING MORE THAN 2,000 LBS POUNDS OF RAW MATERIAL PER DAY ON ANY DAY
[ 6. ] During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from non-breaded shrimp processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| TSS | NL | NL | 38 | 110 | NA | 1/3 Months | Composite |
| Oil and Grease | NL | NL | 12 | 36 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measurement |
NL = No Limitation limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—NONBREADED REQUIREMENTS
7. NON-BREADED SHRIMP PROCESSING—ALL NEW SOURCES
7. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from nonbreaded non-breaded shrimp processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| BOD5 | NL | NL | 25 | 63 | NA | 1/3 Months | Composite |
| TSS | NL | NL | 10 | 25 | NA | 1/3 Months | Composite |
| Oil and Grease | NL | NL | 1.6 | 4.0 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measurement |
NL = No Limitation limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—BREADED REQUIREMENTS
8. BREADED SHRIMP PROCESSING—EXISTING SOURCES PROCESSING MORE THAN 2,000 LBS POUNDS OF RAW MATERIAL PER DAY ON ANY DAY
8. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from breaded shrimp processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| TSS | NL | NL | 93 | 280 | NA | 1/3 Months | Composite |
| Oil and Grease | NL | NL | 12 | 36 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measurement |
NL = No Limitation limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—BREADED REQUIREMENTS
9. BREADED SHRIMP PROCESSING—ALL NEW SOURCES
9. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from breaded shrimp processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| BOD5 | NL | NL | 40 | 100 | NA | 1/3 Months | Composite |
| TSS | NL | NL | 22 | 55 | NA | 1/3 Months | Composite |
| Oil and Grease | NL | NL | 1.5 | 3.8 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measurement |
NL = No Limitation limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—TUNA REQUIREMENTS
10. TUNA PROCESSING—ALL EXISTING SOURCES
10. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from tuna processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| TSS | NL | NL | 3.3 | 8.3 | NA | 1/3 Months | Composite |
| Oil and Grease | NL | NL | 0.84 | 2.1 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measurement |
NL = No Limitation limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—TUNA REQUIREMENTS
11. TUNA PROCESSING—ALL NEW SOURCES
11. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from tuna processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| BOD5 | NL | NL | 8.1 | 20 | NA | 1/3 Months | Composite |
| TSS | NL | NL | 3.0 | 7.5 | NA | 1/3 Months | Composite |
| Oil and Grease | NL | NL | 0.76 | 1.9 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measurement |
NL = No Limitation limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—CONVENTIONAL REQUIREMENTS
12. CONVENTIONAL BOTTOM FISH PROCESSING—EXISTING SOURCES PROCESSING MORE THAN 4,000 LBS POUNDS OF RAW MATERIAL PER DAY ON ANY DAY
12. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from conventional bottom fish processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| TSS | NL | NL | 2.0 | 3.6 | NA | 1/3 Months | Composite |
| Oil and Grease | NL | NL | 0.55 | 1.0 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measurement |
NL = No Limitation limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—CONVENTIONAL REQUIREMENTS
13. CONVENTIONAL BOTTOM FISH PROCESSING—ALL NEW SOURCES
13. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from conventional bottom fish processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| BOD5 | NL | NL | 0.71 | 1.2 | NA | 1/3 Months | Composite |
| TSS | NL | NL | 0.73 | 1.5 | NA | 1/3 Months | Composite |
| Oil and Grease | NL | NL | 0.042 | 0.077 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measurement |
NL = No Limitation limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—MECHANIZED REQUIREMENTS
14. MECHANIZED BOTTOM FISH PROCESSING—ALL EXISTING SOURCES
14. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from mechanized bottom fish processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| TSS | NL | NL | 12 | 22 | NA | 1/3 Months | Composite |
| Oil and Grease | NL | NL | 3.9 | 9.9 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measurement |
NL = No Limitation limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—MECHANIZED REQUIREMENTS
15. MECHANIZED BOTTOM FISH PROCESSING—ALL NEW SOURCES
15. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from mechanized bottom fish processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| BOD5 | NL | NL | 7.5 | 13 | NA | 1/3 Months | Composite |
| TSS | NL | NL | 2.9 | 5.3 | NA | 1/3 Months | Composite |
| Oil and Grease | NL | NL | 0.47 | 1.2 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measurement |
NL = No Limitation limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—HAND-SHUCKED REQUIREMENTS
16. HAND-SHUCKED CLAM PROCESSING—EXISTING SOURCES WHICH PROCESS PROCESSING MORE THAN 4,000 LBS POUNDS OF RAW MATERIAL PER DAY ON ANY DAY
16. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from hand-shucked clam processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| TSS | NL | NL | 18 | 59 | NA | 1/3 Months | Composite |
| Oil and Grease | NL | NL | 0.23 | 0.60 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measurement |
NL = No Limitation limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—HAND-SHUCKED REQUIREMENTS
17. HAND-SHUCKED CLAM PROCESSING—ALL NEW SOURCES
17. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from hand-shucked clam processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| TSS | NL | NL | 17 | 55 | NA | 1/3 Months | Composite |
| Oil and Grease | NL | NL | 0.21 | 0.56 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measurement |
NL = No Limitation limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—HAND-SHUCKED REQUIREMENTS
18. HAND-SHUCKED OYSTER PROCESSING—EXISTING SOURCES WHICH PROCESS PROCESSING MORE THAN 1,000 LBS POUNDS OF RAW MATERIAL PER DAY ON ANY DAY
18. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from hand-shucked oyster processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| TSS | NL | NL | 16 | 23 | NA | 1/3 Months | Composite |
| Oil and Grease | NL | NL | 0.77 | 1.1 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measurement |
NL = No Limitation limitation, monitoring required.
NA = Not applicable.
Raw material = The weight of oyster meat after shucking.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—HAND-SHUCKED REQUIREMENTS
19. HAND-SHUCKED OYSTER PROCESSING—ALL NEW SOURCES
19. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from hand-shucked oyster processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| TSS | NL | NL | 16 | 23 | NA | 1/3 Months | Composite |
| Oil and Grease | NL | NL | 0.77 | 1.1 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measurement |
NL = No Limitation limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—STEAMED REQUIREMENTS
20. STEAMED AND CANNED OYSTER PROCESSING—ALL EXISTING SOURCES
20. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from mechanized oyster processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| TSS | NL | NL | 190 | 270 | NA | 1/3 Months | Composite |
| Oil and Grease | NL | NL | 1.7 | 2.3 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measurement |
NL = No Limitation limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—STEAMED REQUIREMENTS
21. STEAMED AND CANNED OYSTER PROCESSING—ALL NEW SOURCES
21. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from mechanized oyster processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| BOD5 | NL | NL | 17 | 67 | NA | 1/3 Months | Composite |
| TSS | NL | NL | 39 | 56 | NA | 1/3 Months | Composite |
| Oil and Grease | NL | NL | 0.42 | 0.84 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measurement |
NL = No Limitation limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—SCALLOP REQUIREMENTS
22. SCALLOP PROCESSING—ALL EXISTING SOURCES
22. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from scallop processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| TSS | NL | NL | 1.4 | 5.7 | NA | 1/3 Months | Composite |
| Oil and Grease | NL | NL | 0.23 | 7.3 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measurement |
NL = No Limitation limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—SCALLOP REQUIREMENTS
23. SCALLOP PROCESSING—ALL NEW SOURCES
23. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from scallop processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| TSS | NL | NL | 1.4 | 5.7 | NA | 1/3 Months | Composite |
| Oil and Grease | NL | NL | 0.23 | 7.3 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measurement |
NL = No Limitation limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—FARM-RAISED REQUIREMENTS
24. FARM-RAISED CATFISH PROCESSING—EXISTING SOURCES WHICH PROCESS PROCESSING MORE THAN 3,000 LBS POUNDS OF RAW MATERIAL PER DAY ON ANY DAY
24. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from farm-raised catfish processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| TSS | NL | NL | 9.2 | 28 | NA | 1/3 Months | Composite |
| Oil and Grease | NL | NL | 3.4 | 10 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measurement |
NL = No Limitation limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—FARM-RAISED REQUIREMENTS
25. FARM-RAISED CATFISH PROCESSING—ALL NEW SOURCES
25. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from farm-raised catfish processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| BOD5 | NL | NL | 2.3 | 4.6 | NA | 1/3 Months | Composite |
| TSS | NL | NL | 5.7 | 11 | NA | 1/3 Months | Composite |
| Oil and Grease | NL | NL | 0.45 | 0.90 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measurement |
NL = No Limitation limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—HERRING REQUIREMENTS
26. HERRING PROCESSING—ALL [ EXISTING SOURCES ]
26. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from herring processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| TSS | NL | NL | 24 | 32 | NA | 1/3 Months | Composite |
| Oil and Grease | NL | NL | 10 | 27 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measurement |
NL = No Limitation limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—HERRING REQUIREMENTS
27. HERRING PROCESSING—ALL NEW SOURCES
27. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from herring processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| BOD5 | NL | NL | 15 | 16 | NA | 1/3 Months | Composite |
| TSS | NL | NL | 5.2 | 7.0 | NA | 1/3 Months | Composite |
| Oil and Grease | NL | NL | 1.1 | 2.9 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measurement |
NL = No Limitation limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
B. Special conditions SPECIAL CONDITIONS APPLYING TO PART I A 1 THROUGH PART I A 27.
1. No sewage shall be discharged from a point source to surface waters at this facility except under the provisions of another VPDES permit specifically issued for that purpose.
2. There shall be no chemicals added to the water or waste to be discharged, other than those listed on the owner's accepted registration statement.
3. Wastewater should be reused or recycled to the maximum extent practicable.
4. The permittee shall comply with the following solids management plan:
a. There shall be no discharge of floating solids or visible foam in other than trace amounts.
b. All floors, machinery, conveyor belts, dock areas, etc. shall be dry swept or dry brushed prior to washdown.
c. All settling basins shall be cleaned frequently in order to achieve effective settling.
d. All solids resulting from the seafood processes covered under this general permit, other than oyster, clam or scallop shells, shall be handled, stored and disposed of so as to prevent a discharge to state waters of such solids or industrial wastes or other wastes from those solids.
e. The permittee shall install and properly maintain wastewater treatment necessary in order to remove organic solids present in the wastewater that may settle and accumulate on the substrate of the receiving waters in other than trace amounts.
f. All employees shall receive training relative to preventive measures to be taken to control the release of solids from the facility into surface waters.
5. Production to be reported and used in calculating effluent discharge levels in terms of kg/kkg shall be the weight in kilograms of raw material processed, in the form in which it is received at the processing plant, on the day of effluent sampling, except for the hand-shucked oyster, steamed and canned oyster, and scallop processing subcategories, for which production shall mean the weight of oyster or scallop meat after processing. The effluent levels in terms of kg/kkg shall be calculated by dividing the measured pollutant load in kg/day by the production level in kkg (thousands of kilograms).
6. The permittee shall notify the department as soon as they know or have reason to believe:
a. That any activity has occurred or will occur that would result in the discharge on a routine or frequent basis of any toxic pollutant that is not limited in the permit, if that discharge will exceed the highest of the following notification levels:
(1) One hundred micrograms per liter (100 μg/l) of the toxic pollutant;
(2) Two hundred micrograms per liter (200 μg/l) for acrolein and acrylonitrile; five hundred micrograms per liter (500 μg/l) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/l) for antimony;
(3) Five times the maximum concentration value reported for that pollutant in the permit application; or
(4) The level established by the board.
b. That any activity has occurred or will occur that would result in any discharge on a nonroutine or infrequent basis of a toxic pollutant that is not limited in the permit if that discharge will exceed the highest of the following notification levels:
(1) Five hundred micrograms per liter (500 μg/l) of the toxic pollutant;
(2) One milligram per liter (1 mg/l) for antimony;
(3) Ten times the maximum concentration value reported for that pollutant in the permit application; or
(4) The level established by the board.
7. Compliance reporting and recordkeeping under Part I A.
a. The quantification levels (QL) shall be less than or equal to the following concentrations:
| Effluent Parameter | Quantification Level |
| BOD | 2.0 2 mg/l
|
| TSS | 1.0 mg/l |
| Oil and Grease | 5.0 mg/l |
The QL is defined as the lowest concentration used to calibrate a measurement system in accordance with the procedures published for the test method.
b. Recording results. Any concentration below the QL used in the analysis shall be recorded as < "QL" "<QL" if it is less than the QL used in the analysis (the QL must be less than or equal to the QL in subdivision 7 a of this subdivision subsection. Otherwise the numerical value shall be recorded.
c. Monitoring results shall be recorded using the same number of significant digits as listed in the permit. Regardless of the rounding conventions used by the permittee (e.g., 5 five always rounding up or to the nearest even number), the permittee shall use the convention consistently, and shall ensure that consulting laboratories employed by the permittee use the same convention.
8. The discharges authorized by this permit shall be controlled as necessary to meet water quality standards in 9VAC25-260.
9. If a new process is added after coverage under the general permit is obtained, an amended registration statement must be submitted at least 30 days prior to commencing operation of the new process.
10. Notice of termination.
a. The owner may terminate coverage under this general permit by filing a complete notice of termination. The notice of termination may be filed after one or more of the following conditions have been met:
(1) Operations have ceased at the facility and there are no longer discharges of process wastewater or stormwater associated with the industrial activity;
(2) A new owner has assumed responsibility for the facility. A notice of termination does not have to be submitted if a VPDES Change of Ownership Agreement Form has been submitted;
(3) All discharges associated with this facility have been covered by an individual VPDES permit or an alternative VPDES permit; or
(4) Termination of coverage is being requested for another reason, provided the board agrees that coverage under this general permit is no longer needed.
b. The notice of termination shall contain the following information:
(1) Owner's name, mailing address, telephone number, and email address (if available);
(2) Facility name and location;
(3) VPDES general permit registration number for the facility; and
(4) The basis for submitting the notice of termination, including:
(a) A statement indicating that a new owner has assumed responsibility for the facility;
(b) A statement indicating that operations have ceased at the facility, and there are no longer discharges from the facility;
(c) A statement indicating that all discharges have been covered by an individual VPDES permit or an alternative VPDES permit; or
(d) A statement indicating that termination of coverage is being requested for another reason (state the reason).
(5) The following certification: "I certify under penalty of law that all wastewater and stormwater discharges from the identified facility that are authorized by this VPDES general permit have been eliminated, or covered under a VPDES individual or alternative permit, or that I am no longer the owner of the facility, or permit coverage should be terminated for another reason listed above. I understand that by submitting this notice of termination, that I am no longer authorized to discharge seafood processing wastewater or, for facilities classified as SIC Code 2091 or 2092, stormwater associated with industrial activity in accordance with the general permit, and that discharging pollutants to surface waters is unlawful where the discharge is not authorized by a VPDES permit. I also understand that the submittal of this notice of termination does not release an owner from liability for any violations of this permit or the Clean Water Act."
C. The notice of termination shall be submitted to the department and signed in accordance with Part III K.
Part II
Storm Water Stormwater Pollution Prevention Plans
A storm water stormwater pollution prevention plan (SWPPP) shall be developed for each facility covered by this permit, which has storm water stormwater discharges associated with industrial activity and is classified under SIC Code 2091 or 2092.
The SWPPP shall be prepared in accordance with good engineering practices and shall identify potential sources of pollution that may reasonably be expected to affect the quality of storm water stormwater discharges from the facility. In addition, the plan shall describe and ensure the implementation of practices that will be used to reduce the pollutants in storm water stormwater discharges from the facility [ , ] and shall assure compliance with the terms and conditions of this permit. Permittees must implement the provisions of the SWPPP as a condition of this permit.
The SWPPP requirements of this general permit may be fulfilled by incorporating by reference other plans or documents such as an erosion and sediment control (ESC) plan, a spill prevention control and countermeasure (SPCC) plan developed for the facility under § 311 of the Clean Water Act or best management practices (BMP) programs otherwise required for the facility provided that the incorporated plan meets or exceeds the plan requirements of this section. If an ESC plan is being incorporated by reference, it shall have been approved by the locality in which the activity is to occur or by another appropriate plan approving authority authorized under the Erosion and Sediment Control Regulations, 4VAC50-30 9VAC25-840. All plans incorporated by reference into the SWPPP become enforceable under this permit.
A. Deadlines for plan preparation and compliance.
1. Facilities that were covered under the 2006 2011 Seafood Processing Facilities General Permit. Owners of facilities that were covered under the 2006 2011 Seafood Processing Facilities General Permit who are continuing coverage under this general permit shall update and implement any revisions to the SWPPP not later than December 30, 2011 required by this part within 60 days of the board granting coverage under this permit.
2. New facilities, facilities previously covered by an expiring individual permit, and existing facilities not currently covered by a VPDES permit. Owners of new facilities, facilities previously covered by an expiring individual permit, and existing facilities not currently covered by a VPDES permit who that elect to be covered under this general permit must prepare and implement the SWPPP prior to submitting the registration statement within 60 days of the board granting coverage under this permit.
3. New owners of existing facilities. Where the owner of an existing facility that is covered by this permit changes, the new owner of the facility must update and implement any revisions to the SWPPP within 60 days of the transfer of title of the facility.
4. Extensions. Upon a showing of good cause, the director may establish a later date in writing for the preparation of and compliance with the SWPPP.
B. Contents of the plan SWPPP. The plan SWPPP shall include, at a minimum, the following items:
1. Pollution prevention team. The plan SWPPP shall identify the staff individuals by name or title that who comprise the facility's storm water stormwater pollution prevention team. The pollution prevention team is responsible for assisting the facility or plant manager in developing, implementing, maintaining, revising, and maintaining compliance with the facility's SWPPP. Specific responsibilities of each staff individual on the team shall be identified and listed.
2. Site description. The SWPPP shall include the following:
a. Activities at the facility. A description of the nature of the industrial activities at the facility.
b. General location map. A general location map (e.g., USGS quadrangle or other map) with enough detail to identify the location of the facility and the receiving waters within one mile of the facility.
c. Site map. A site map identifying the following:
(1) The size of the property (in acres);
(2) The location and extent of significant structures and impervious surfaces (roofs, paved areas, and any other impervious areas);
(3) Locations of all storm water stormwater conveyances including ditches, pipes, swales, and inlets, and the directions of storm water stormwater flow (e.g., use arrows to show which ways storm water stormwater will flow);
(4) Locations of all existing structural and source control BMPs;
(5) Locations of all surface water bodies, including wetlands;
(6) Locations of identified potential pollutant sources;
(7) Locations where significant spills or leaks have occurred;
(8) Locations of the following activities where such activities are exposed to precipitation: fueling stations; vehicle and equipment maintenance and/or or cleaning areas; loading/unloading loading or unloading areas; locations used for the treatment, storage or disposal of wastes; liquid storage tanks; processing and storage areas; access roads, rail cars and tracks; transfer areas for substances in bulk; and machinery;
(9) Locations of storm water stormwater outfalls and an approximate outline of the area draining to each outfall, and location of municipal separate storm sewer systems (MS4s), if the storm water stormwater from the facility discharges to them;
(10) Location and description of all nonstorm water nonstormwater discharges;
(11) Location of any storage piles containing salt used for deicing or other commercial or industrial purposes; and
(12) Location and source of runon to the site from adjacent property, where the runon contains significant quantities of pollutants. The permittee shall include an evaluation with the SWPPP of how the quality of the storm water running onto the facility impacts the facility's storm water discharges.
d. Receiving waters and wetlands. The name of all surface waters receiving discharges from the site, including intermittent streams, dry sloughs, and arroyos. Provide a A description of wetland sites that may receive discharges from the facility shall also be provided. If the facility discharges through an MS4, identify the MS4 operator and the receiving water to which the MS4 discharges shall also be identified.
3. Summary of potential pollutant sources. The plan SWPPP shall identify each separate area at the facility where industrial materials or activities are exposed to storm water stormwater. Industrial materials or activities include, but are not limited to:, material handling equipment or activities, industrial machinery, raw materials, industrial production and processes, intermediate products, byproducts, final products, and waste products. Material handling activities include, but are not limited to, the storage, loading and unloading, transportation, disposal, or conveyance of any raw material, intermediate product, final product or waste product. For each separate area identified, the description shall include:
a. Activities in area. A list of the activities (e.g., material storage, equipment fueling and cleaning, cutting steel beams);
b. Pollutants. A list of the associated pollutant(s) or pollutant parameter(s) (e.g., crankcase oil, zinc, sulfuric acid, cleaning solvents, etc.) for each activity. The pollutant list shall include all significant materials handled, treated, stored, or disposed that have been exposed to storm water stormwater in the three years prior to the date this SWPP the SWPPP was prepared or amended. The list shall include any hazardous substance or oil at the facility.
4. Spills and leaks. The SWPPP shall clearly identify areas where potential spills and leaks that can contribute pollutants to storm water stormwater discharges can occur and their corresponding outfalls. The plan SWPPP shall include a list of significant spills and leaks of toxic or hazardous pollutants that actually occurred at exposed areas, or that drained to a storm water stormwater conveyance during the three-year period prior to the date this SWPPP was prepared or amended. The list shall be updated if significant spills or leaks occur in exposed areas of the facility during the term of the permit. Significant spills and leaks include, but are not limited to, releases of oil or hazardous substances in excess of reportable quantities, and may also include releases of oil or hazardous substances that are not in excess of reporting requirements.
5. Sampling data. The plan shall include a summary of existing discharge sampling data taken at the facility, and shall also include a summary of sampling data collected during the term of this permit.
6. Storm water 5. Stormwater controls.
a. BMPs shall be implemented for all the areas identified in Part II B 3 (Summary of potential pollutant sources) to prevent or control pollutants in storm water stormwater discharges from the facility. All reasonable If applicable, steps shall be taken to control or address the quality of discharges from the site that may do not originate at the facility. The SWPPP shall describe the type, location, and implementation of all BMPs for each area where industrial materials or activities are exposed to storm water stormwater. Selection of BMPs shall take into consideration:
(1) That preventing storm water stormwater from coming into contact with polluting materials is generally more effective, and less costly, than trying to remove pollutants from storm water stormwater;
(2) BMPs generally shall must be used in combination with each other for most effective water quality protection;
(3) Assessing the type and quantity of pollutants, including their potential to impact receiving water quality, is critical to designing effective control measures;
(4) That minimizing impervious areas at the facility can reduce runoff and improve groundwater recharge and stream base flows in local streams (however, care must be taken to avoid ground water groundwater contamination);
(5) Flow attenuation by use of open vegetated swales and natural depressions can reduce in-stream impacts of erosive flows;
(6) Conservation or restoration of riparian buffers will help protect streams from storm water stormwater runoff and improve water quality; and
(7) Treatment interceptors (e.g., swirl separators and sand filters) may be appropriate in some instances to minimize the discharge of pollutants.
b. Control measures. The permittee shall implement the following types of BMPs to prevent and control pollutants in the storm water stormwater discharges from the facility, unless it can be demonstrated and documented that such controls are not relevant to the discharges (e.g., there are no storage piles containing salt).
(1) Good housekeeping. The permittee shall keep clean all exposed areas of the facility that are potential sources of pollutants to storm water stormwater discharges. Typical problem areas include areas around trash containers, storage areas, loading docks, and vehicle fueling and maintenance areas. The plan SWPPP shall include a schedule for regular pickup and disposal of waste materials, along with routine inspections for leaks and of the conditions of drums, tanks, and containers. The introduction of raw, final or waste materials to exposed areas of the facility shall be minimized to the maximum extent practicable. The generation of dust, along with off-site vehicle tracking of raw, final or waste materials, or sediments, shall be minimized to the maximum extent practicable.
(2) Eliminating and minimizing exposure. To the [ maximum ] extent practicable, industrial materials and activities shall be located inside, or protected by a storm-resistant covering to prevent exposure to rain, snow, snowmelt, and runoff.
(3) Preventive maintenance. The permittee shall have a preventive maintenance program that includes regular inspection, testing, maintenance, and repairing of all industrial equipment and systems to avoid breakdowns or failures that could result in leaks, spill spills, and other releases. This program is in addition to the specific BMP maintenance required under Part II C (Maintenance of BMPs) of the permit.
(4) Spill prevention and response procedures. The plan SWPPP shall describe the procedures that will be followed for preventing and responding to spills and leaks.
(a) Preventive measures include barriers between material storage and traffic areas, secondary containment provisions, and procedures for material storage and handling.
(b) Response procedures shall include (i) notification of appropriate facility personnel, emergency agencies, and regulatory agencies; and (ii) procedures for stopping, containing, and cleaning up spills. Measures for cleaning up hazardous material spills or leaks shall be consistent with applicable RCRA regulations at 40 CFR Part 264 [ (2005) ] and 40 CFR Part 265 [ (2005) ]. Employees who may cause, detect, or respond to a spill or leak shall be trained in these procedures and have necessary spill response equipment available. If possible, one One of these individuals shall be a member of the pollution prevention team.
(c) Contact information for individuals and agencies that must be notified in the event of a spill shall be included in the SWPPP, and maintained in other locations where it will be readily available.
(5) Routine facility inspections. Facility personnel who possess the knowledge and skills to assess conditions and activities that could impact storm water stormwater quality at the facility, and who can also evaluate the effectiveness of BMPs shall regularly inspect all areas of the facility where industrial materials or activities are exposed to storm water stormwater. These inspections are in addition to, or as part of, the comprehensive site evaluation required under Part II D. At least one member of the pollution prevention team shall participate in the routine facility inspections. The inspection frequency shall be specified in the plan SWPPP and be based upon a consideration of the level of industrial activity at the facility, but shall be a minimum of quarterly unless more frequent intervals are specified elsewhere in the permit or written approval is received from the department for less frequent intervals. Any deficiencies in the implementation of the SWPPP that are found shall be corrected as soon as practicable, but not later than within 30 days of the inspection, unless permission for a later date is granted in writing by the director. The results of the inspections shall be documented in the SWPPP, along with the date(s) and description(s) of any corrective actions that were taken in response to any deficiencies or opportunities for improvement that were identified.
(6) Employee training. The permittee shall implement a storm water stormwater employee training program for the facility. The SWPPP shall include a schedule for all types of necessary training, and shall document all training sessions and the employees who received the training. Training shall be provided for all employees who work in areas where industrial materials or activities are exposed to storm water stormwater, and for employees who are responsible for implementing activities identified in the SWPPP (e.g., inspectors, and maintenance personnel, etc.). The training shall cover the components and goals of the SWPPP, and include such topics as spill response, good housekeeping, material management practices, BMP operation and maintenance, etc. The SWPPP shall include a summary of any training performed.
(7) Sediment and erosion control. The plan SWPPP shall identify areas at the facility that, due to topography, land disturbance (e.g., construction, landscaping, site grading), or other factors, have a potential for soil erosion. The permittee shall identify and implement structural, vegetative, and/or or stabilization BMPs to prevent or control on-site and off-site erosion and sedimentation. Flow velocity dissipation devices shall be placed at discharge locations and along the length of any outfall channel if the flows would otherwise create erosive conditions.
(8) Management of runoff. The plan shall describe the storm water stormwater runoff management practices (i.e., permanent structural BMPs) for the facility. These types of BMPs are typically used to divert, infiltrate, reuse, or otherwise reduce pollutants in storm water stormwater discharges from the site.
Structural BMPs may require a separate permit under § 404 of the CWA federal Clean Water Act and the Virginia Water Protection Permit Program Regulation (9VAC25-210) before installation begins.
C. Maintenance. All BMPs identified in the SWPPP shall be maintained in effective operating condition. Storm water Stormwater BMPs identified in the SWPPP shall be observed during active operation (i.e., during a storm water stormwater runoff event) to ensure that they are functioning correctly. Where discharge locations are inaccessible, nearby downstream locations shall be observed. The observations shall be documented in the SWPPP.
The SWPPP shall include a description of procedures and a regular schedule for preventive maintenance of all BMPs, and shall include a description of the back-up practices that are in place should a runoff event occur while a BMP is off line. The effectiveness of nonstructural BMPs shall also be maintained by appropriate means (e.g., spill response supplies available and personnel trained, etc.).).
If site inspections required by Part II B 6 5 b (5) (Routine facility inspections) or Part II D (Comprehensive site compliance evaluation) identify BMPs that are not operating effectively, repairs or maintenance shall be performed before the next anticipated storm event. If maintenance prior to the next anticipated storm event is not possible, maintenance shall be scheduled and accomplished as soon as practicable. In the interim, back-up measures shall be employed and documented in the SWPPP until repairs or maintenance is complete. Documentation shall be kept with the SWPPP of maintenance and repairs of BMPs, including the date or dates of regular maintenance, date or dates of discovery of areas in need of repair or replacement, and for repairs, date or dates that the BMPs returned to full function, and the justification for any extended maintenance or repair schedules.
D. Comprehensive site compliance evaluation. The permittee shall conduct comprehensive site compliance evaluations at least once a year. The evaluations shall be done by qualified personnel who possess the knowledge and skills to assess conditions and activities that could impact storm water stormwater quality at the facility, and who can also evaluate the effectiveness of BMPs. The personnel conducting the evaluations may be either facility employees or outside constituents hired by the facility.
1. Scope of the compliance evaluation. Evaluations shall include all areas where industrial materials or activities are exposed to storm water stormwater, as identified in Part II B 3. The personnel shall evaluate:
a. Industrial materials, residue or trash that may have or could come into contact with storm water stormwater;
b. Leaks or spills from industrial equipment, drums, barrels, tanks or other containers that have occurred within the past three years;
c. Off-site tracking of industrial or waste materials or sediment where vehicles enter or exit the site;
d. Tracking or blowing of raw, final, or waste materials from areas of no exposure to exposed areas;
e. Evidence of, or the potential for, pollutants entering the drainage system;
f. Evidence of pollutants discharging to surface waters at all facility outfalls, and the condition of and around the outfall, including flow dissipation measures to prevent scouring;
g. Review of training performed, inspections completed, maintenance performed, quarterly visual examinations, and effective operation of BMPs; and
h. Results Review of the results of both visual and any analytical monitoring done during the past year shall be taken into consideration during the evaluation.
2. Based on the results of the evaluation, the SWPPP shall be modified as necessary (e.g., show additional controls on the map required by Part II B 2 c; revise the description of controls required by Part II B 6 5 to include additional or modified BMPs designed to correct problems identified). Revisions to the SWPPP shall be completed within 30 days following the evaluation, unless permission for a later date is granted in writing by the director. If existing BMPs need to be modified or if additional BMPs are necessary, implementation shall be completed before the next anticipated storm event, if practicable, but not more than 60 days after completion of the comprehensive site evaluation, unless permission for a later date is granted in writing by the department.
3. Compliance evaluation report. A report shall be written summarizing the scope of the evaluation, the name or names of personnel making the evaluation, the date or dates of the evaluation, and all observations relating to the implementation of the SWPPP, including elements stipulated in Part II D 1 (a) through (f) of this general permit. Observations shall include such things as: the location or locations of discharges of pollutants from the site; the location or locations of previously unidentified sources of pollutants; the location or locations of BMPs that need to be maintained or repaired; the location or locations of failed BMPs that need replacement; and location or locations where additional BMPs are needed. The report shall identify any incidents of noncompliance that were observed. Where a report does not identify any incidents of noncompliance, the report shall contain a certification that the facility is in compliance with the SWPPP and this permit. The report shall be signed in accordance with Part III K and maintained with the SWPPP.
4. Where compliance evaluation schedules overlap with routine inspections required under Part II B 6 5 b (5), the annual compliance evaluation may be used as one of the routine inspections.
E. Signature and plan review.
1. Signature/location. The SWPPP shall be signed in accordance with Part III K, dated, and retained on-site at the facility covered by this permit. All changes to the SWPPP, and other permit compliance documentation, must be signed and dated by the person preparing the change or documentation.
2. Availability. The permittee shall make the SWPPP, annual site compliance evaluation report, and other information available to the department upon request.
3. Required modifications. The director may notify the permittee at any time that the SWPPP, BMPs, or other components of the facility's storm water stormwater program do not meet one or more of the requirements of this permit. The notification shall identify specific provisions of the permit that are not being met, and may include required modifications to the storm water stormwater program, additional monitoring requirements, and special reporting requirements. The permittee shall make any required changes to the SWPPP within 60 days of receipt of such notification, unless permission for a later date is granted in writing by the director, and shall submit a written certification to the director that the requested changes have been made.
F. Maintaining an updated SWPPP.
1. The permittee shall review and amend the SWPPP as appropriate whenever:
a. There is construction or a change in design, operation, or maintenance at the facility that has a significant an effect on the discharge, or the potential for the discharge, of pollutants from the facility sufficient to impact water quality;
b. Routine inspections or compliance evaluations determine that there are deficiencies in the BMPs;
c. Inspections by local, state, or federal officials determine that modifications are necessary;
d. There is a spill, leak or other release at the facility; or
e. There is an unauthorized discharge from the facility.
2. SWPPP modifications shall be made within 30 calendar days after the discovery, observation, or event requiring a SWPPP modification. Implementation of new or modified BMPs (distinct from regular preventive maintenance of existing BMPs described in Part II C) shall be initiated before the next storm event if possible, but no later than 60 days after discovery, or as otherwise provided or approved by the director. The amount of time taken to modify a BMP or implement additional BMPs shall be documented in the SWPPP.
3. If the SWPPP modification is based on a release or unauthorized discharge, include a description and date of the release, the circumstances leading to the release, actions taken in response to the release, and measures to prevent the recurrence of such releases. Unauthorized releases and discharges are subject to the reporting requirements of Part III G of this permit.
G. Allowable nonstormwater discharges. The following nonstormwater discharges are authorized by this permit:
1. Discharges from fire-fighting activities;
2. Fire hydrant flushings;
3. Potable water including water line flushings;
4. Uncontaminated condensate from air conditioners, coolers, and other compressors and from the outside storage of refrigerated gases or liquids;
5. Irrigation drainage;
6. Landscape watering provided all pesticides, herbicides, and fertilizer have been applied in accordance with the approved labeling;
7. Pavement wash waters where no detergents are used and no spills or leaks of toxic or hazardous materials have occurred, unless all spilled material has been removed;
8. Routine external building wash down that does not use detergents;
9. Uncontaminated groundwater or spring water;
10. Foundation or footing drains where flows are not contaminated with process materials; and
11. Incidental windblown mist from cooling towers that collects on rooftops or adjacent portions of the facility, but not intentional discharges from the cooling tower, for example, "piped" cooling tower blowdown or drains.
Part III
Conditions Applicable to All VPDES Permits
A. Monitoring.
1. Samples and measurements taken as required by this permit shall be representative of the monitored activity.
2. Monitoring shall be conducted according to procedures approved under 40 CFR Part 136 or alternative methods approved by the U.S. Environmental Protection Agency, unless other procedures have been specified in this permit.
3. The permittee shall periodically calibrate and perform maintenance procedures on all monitoring and analytical instrumentation at intervals that will ensure accuracy of measurements.
4. Samples taken as required by this permit shall be analyzed in accordance with 1VAC30-45, Certification for Noncommercial Environmental Laboratories, or 1VAC30-46, Accreditation for Commercial Environmental Laboratories.
B. Records.
1. Records of monitoring information shall include:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) and time(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
2. Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years, the The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all data used to complete the registration statement for this permit, for a period of at least three years from the date of the sample, measurement, report or request for coverage. This period of retention shall be extended automatically during the course of any unresolved litigation regarding the regulated activity or regarding control standards applicable to the permittee, or as requested by the board.
C. Reporting monitoring results.
1. The permittee shall submit the results of the monitoring required by this permit not later than the 10th day of the month after monitoring takes place, unless another reporting schedule is specified elsewhere in this permit. Monitoring results shall be submitted to the department's regional office.
2. Monitoring results shall be reported on a Discharge Monitoring Report (DMR) or on forms provided, approved or specified by the department.
3. If the permittee monitors any pollutant specifically addressed by this permit more frequently than required by this permit using test procedures approved under 40 CFR Part 136 or using other test procedures approved by the U.S. Environmental Protection Agency or using procedures specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR or reporting form specified by the department.
4. Calculations for all limitations that require averaging of measurements shall utilize an arithmetic mean unless otherwise specified in this permit.
D. Duty to provide information. The permittee shall furnish to the department, within a reasonable time, any information that the board may request to determine whether cause exists for modifying, revoking and reissuing, or terminating coverage under this permit or to determine compliance with this permit. The board may require the permittee to furnish, upon request, such plans, specifications, and other pertinent information as may be necessary to determine the effect of the wastes from his discharge on the quality of state waters, or such other information as may be necessary to accomplish the purposes of the State Water Control Law. The permittee shall also furnish to the department, upon request, copies of records required to be kept by this permit.
E. Compliance schedule reports. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this permit shall be submitted no later than 14 days following each schedule date.
F. Unauthorized discharges. Except in compliance with this permit or another permit issued by the board, it shall be unlawful for any person to:
1. Discharge into state waters sewage, industrial wastes, other wastes, or any noxious or deleterious substances; or
2. Otherwise alter the physical, chemical or biological properties of such state waters and make them detrimental to the public health, or to animal or aquatic life, or to the use of such waters for domestic or industrial consumption, or for recreation, or for other uses.
G. Reports of unauthorized discharges. Any permittee who discharges or causes or allows a discharge of sewage, industrial waste, other wastes or any noxious or deleterious substance into or upon state waters in violation of Part III F (Unauthorized discharges); or who discharges or causes or allows a discharge that may reasonably be expected to enter state waters in violation of Part III F, shall notify (see NOTE in Part III I) the department of the discharge immediately upon discovery of the discharge, but in no case later than 24 hours after said discovery. A written report of the unauthorized discharge shall be submitted to the department within five days of discovery of the discharge. The written report shall contain:
1. A description of the nature and location of the discharge;
2. The cause of the discharge;
3. The date on which the discharge occurred;
4. The length of time that the discharge continued;
5. The volume of the discharge;
6. If the discharge is continuing, how long it is expected to continue;
7. If the discharge is continuing, what the expected total volume of the discharge will be; and
8. Any steps planned or taken to reduce, eliminate and prevent a recurrence of the present discharge or any future discharges not authorized by this permit.
Discharges reportable to the department under the immediate reporting requirements of other regulations are exempted from this requirement.
H. Reports of unusual or extraordinary discharges. If any unusual or extraordinary discharge including a bypass or upset, should occur from a treatment works and the discharge enters or could be expected to enter state waters, the permittee shall promptly notify, in no case later than 24 hours, the department by telephone after the discovery of the discharge. This notification shall provide all available details of the incident, including any adverse effects on aquatic life and the known number of fish killed. The permittee shall reduce the report to writing and shall submit it to the department within five days of discovery of the discharge in accordance with Part III I 2. Unusual and extraordinary discharges include but are not limited to any discharge resulting from:
1. Unusual spillage of materials resulting directly or indirectly from processing operations;
2. Breakdown of processing or accessory equipment;
3. Failure or taking out of service some or all of the treatment works; and
4. Flooding or other acts of nature.
I. Reports of noncompliance. The permittee shall report any noncompliance that may adversely affect state waters or may endanger public health.
1. An oral report shall be provided within 24 hours from the time the permittee becomes aware of the circumstances. The following shall be included as information that shall be reported within 24 hours under this subdivision:
a. Any unanticipated bypass; and
b. Any upset that causes a discharge to surface waters.
2. A written report shall be submitted within 5 five days and shall contain:
a. A description of the noncompliance and its cause;
b. The period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and
c. Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.
The board may waive the written report on a case-by-case basis for reports of noncompliance under Part III I if the oral report has been received within 24 hours and no adverse impact on state waters has been reported.
3. The permittee shall report all instances of noncompliance not reported under Parts III I 1 or 2, in writing, at the time the next monitoring reports are submitted. The reports shall contain the information listed in Part III I 2.
NOTE: The immediate (within 24 hours) reports required in Parts Part III G, H, and I may be made to the department's regional office. Reports may be made by telephone or by fax, FAX, or online at http://www.deq.virginia.gov/Programs/PollutionResponsePreparedness/MakingaReport.aspx.
For reports outside normal working hours, leave a message and this shall fulfill the immediate reporting requirement. For emergencies, the Virginia Department of Emergency Services Management maintains a 24-hour telephone service at 1-800-468-8892.
J. Notice of planned changes.
1. The permittee shall give notice to the department as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when:
a. The permittee plans alteration or addition to any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced:
(1) After promulgation of standards of performance under § 306 of the federal Clean Water Act that are applicable to such source; or
(2) After proposal of standards of performance in accordance with § 306 of the federal Clean Water Act that are applicable to such source, but only if the standards are promulgated in accordance with § 306 within 120 days of their proposal;
b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants that are subject neither to effluent limitations nor to notification requirements specified elsewhere in this permit; or
c. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices and such alteration, addition, or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan.
2. The permittee shall give advance notice to the department of any planned changes in the permitted facility or activity which that may result in noncompliance with permit requirements.
K. Signatory requirements.
1. Registration statement. All registration statements shall be signed as follows:
a. For a corporation: by a responsible corporate officer. For the purposes of this section, a responsible corporate officer means: (i) a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy-making or decision-making functions for the corporation, or (ii) the manager of one or more manufacturing, production, or operating facilities provided the manager is authorized to make management decisions which that govern the operation of the regulated facility, including having the explicit or implicit duty of making capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or other actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;
b. For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or
c. For a municipality, state, federal, or other public agency: by either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a public agency includes: (i) the chief executive officer of the agency or (ii) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency.
2. Reports, etc and other requested information. All reports required by permits, and other information requested by the board, shall be signed by a person described in Part III K 1 or by a duly authorized representative of that person. A person is a duly authorized representative only if:
a. The authorization is made in writing by a person described in Part III K 1;
b. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. A duly authorized representative may thus be either a named individual or any individual occupying a named position; and
c. The written authorization is submitted to the department.
3. Changes to authorization. If an authorization under Part III K 2 is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of Part III K 2 shall be submitted to the department prior to or together with any reports or information to be signed by an authorized representative.
4. Certification. Any person signing a document under Parts Part III K 1 or 2 shall make the following certification:
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."
L. Duty to comply. The permittee shall comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the State Water Control Law and the federal Clean Water Act, except that noncompliance with certain provisions of this permit may constitute a violation of the State Water Control Law but not the federal Clean Water Act. Permit noncompliance is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application.
The permittee shall comply with effluent standards or prohibitions established under § 307(a) of the federal Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under § 405(d) of the federal Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if this permit has not yet been modified to incorporate the requirement.
M. Duty to reapply. If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee shall submit a new registration statement at least 30 days before the expiration date of the existing permit, unless permission for a later date has been granted by the board. The board shall not grant permission for registration statements to be submitted later than the expiration date of the existing permit.
N. Effect of a permit. This permit does not convey any property rights in either real or personal property or any exclusive privileges, nor does it authorize any injury to private property or invasion of personal rights or any infringement of federal, state or local laws or regulations.
O. State law. Nothing in this permit shall be construed to preclude the institution of any legal action under, or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to, any other state law or regulation or under authority preserved by § 510 of the federal Clean Water Act. Except as provided in permit conditions on "bypass" (Part in Part III U), U (Bypass) and "upset" (Part Part III V) V (Upset) nothing in this permit shall be construed to relieve the permittee from civil and criminal penalties for noncompliance.
P. Oil and hazardous substance liability. Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject under §§ 62.1-44.34:14 through 62.1-44.34:23 of the State Water Control Law.
Q. Proper operation and maintenance. The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) that are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes effective plant performance, adequate funding, adequate staffing, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which that are installed by the permittee only when the operation is necessary to achieve compliance with the conditions of this permit.
R. Disposal of solids or sludges. Solids, sludges or other pollutants removed in the course of treatment or management of pollutants shall be disposed of in a manner so as to prevent any pollutant from such materials from entering state waters.
S. Duty to mitigate. The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which that has a reasonable likelihood of adversely affecting human health or the environment.
T. Need to halt or reduce activity not a defense. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.
U. Bypass.
1. "Bypass" means the intentional diversion of waste streams from any portion of a treatment facility. The permittee may allow any bypass to occur that does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to ensure efficient operation. These bypasses are not subject to the provisions of Parts Part III U 2 and U 3.
2. Notice.
a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, prior notice shall be submitted if possible at least 10 days before the date of the bypass.
b. Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part III I (reports of noncompliance).
3. Prohibition of bypass.
a. Bypass is prohibited, and the board may take enforcement action against a permittee for bypass, unless:
(1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
(2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which that occurred during normal periods of equipment downtime or preventive maintenance; and
(3) The permittee submitted notices as required under Part III U 2.
b. The board may approve an anticipated bypass, after considering its adverse effects, if the board determines that it will meet the three conditions listed in Part III U 3 a.
V. Upset.
1. An upset, defined in 9VAC25-31-10, constitutes an affirmative defense to an action brought for noncompliance with technology-based permit effluent limitations if the requirements of Part III V 2 are met. A determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is not a final administrative action subject to judicial review.
2. A permittee who that wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs or other relevant evidence that:
a. An upset occurred and that the permittee can identify the cause(s) of the upset;
b. The permitted facility was at the time being properly operated;
c. The permittee submitted notice of the upset as required in Part III I; and
d. The permittee complied with any remedial measures required under Part III S.
3. In any enforcement proceeding, the permittee seeking to establish the occurrence of an upset has the burden of proof.
W. Inspection and entry. The permittee shall allow the director or an authorized representative, upon presentation of credentials and other documents as may be required by law, to:
1. Enter upon the permittee's premises where a regulated facility or activity is located or conducted or where records must be kept under the conditions of this permit;
2. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit;
3. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and
4. Sample or monitor at reasonable times, for the purposes of ensuring permit compliance or as otherwise authorized by the federal Clean Water Act and the State Water Control Law, any substances or parameters at any location.
For purposes of this section, the time for inspection shall be deemed reasonable during regular business hours and whenever the facility is discharging. Nothing contained herein shall make an inspection unreasonable during an emergency.
X. Permit actions. Permits may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition.
Y. Transfer of permits. 1. Permits are not transferable to any person except after notice to the department. Except as provided in Part III Y 2, a permit may be transferred by the permittee to a new owner or operator only if the permit has been modified or revoked and reissued, or a minor modification made, to identify the new permittee and incorporate such other requirements as may be necessary under the State Water Control Law and the federal Clean Water Act. 2. As an alternative to transfers under Part III Y 1, Coverage under this permit may be automatically transferred to a new permittee if:
a. 1. The current permittee notifies the department within 30 days of the transfer of the title to the facility or property unless permission for a later date has been granted by the board;
b. 2. The notice includes a written agreement between the existing and new permittees containing a specific date for transfer of permit responsibility, coverage, and liability between them; and
c. 3. The board does not notify the existing permittee and the proposed new permittee of its intent to modify or revoke and reissue deny the permittee coverage under the permit. If this notice is not received, the transfer is effective on the date specified in the agreement mentioned in Part III Y 2 b.
Z. Severability. The provisions of this permit are severable, and if any provision of this permit or the application of any provision of this permit to any circumstance is held invalid, the application of such provision to other circumstances and the remainder of this permit shall not be affected thereby.
NOTICE: The following forms used in administering the regulation were filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, General Assembly Building, 2nd Floor, Richmond, Virginia 23219.
FORMS (9VAC25-115)
VPDES Change of Ownership Agreement Form (undated).
Change of Ownership Agreement Form (rev. 3/2014)
Department of Environmental Quality Water Division Permit Application Fee Form (rev. 10/2014)
VA.R. Doc. No. R14-4092; Filed October 13, 2015, 4:38 p.m.